H1B visa extension beyond 6 years: Time recapture

[kavindra]

Hello,

My spouse's H1B visa will expire by end of September 2020, she does not have PERM filled (No GC filled). She has spent close to 5-6 months outside USA during past 6 years.

Q1: Is she eligible to recap the time spent outside the USA? If yes,

Q2: What's the procedure, please let me know what forms need to be filled?

Q3: Can we file it ourselves or we need to file through an attorney?

Q4: Typically, how long does it take to get an extension approved? If it is not approved by Sep then can she continue to work or she needs to change the visa type to H4?

Please respond and thank you for your replies

-Kavi

 

[pontevecchio]

1.2.3. An H1 sponsor needs to file an H1 petition for her to encompass the recapture period of time spent outside the USA. They will need details about the stays.

4. It takes a long time to get extensions approved. She is able to work based on a pending extension petition until the potential last date of the recapture time. She can change status to H4 if you are in valid H1 status at the time.

[gopalakrishnach]

1.Yes.

2. Employer needs to file not her or you.

3. Not you. Employer needs to file. It is their petition not yours or hers.

4. No time limit. If she has petition she can work until last day of 6 years of h1B. She can move to H4 if you are on H1B and if you have I140 approved she can also do h4 EAD.

[Mav777]

The procedure to “recap” h1b time is like a regular H1b extension which the company files for, and not you. The only difference being the reason for h1b extension in this case is to avail the unused h1b time.
 

The company can file for the 5-6 month h1 extension prior to current h1b expiring in sep 2020. The beneficiary can continue working on receipt. Since premium processing is now suspended, regular h1b extension applications take up-to 6 months or so